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Law Educator, Esq. (ONLY) Is it possible for me to file

Law Educator, Esq. (ONLY) Good day...
Law Educator, Esq. (ONLY)
Good day again,
Is it possible for me to file anything against the judgment lien that the plaintiff filed on the judgment that he won by fraud? arguing that the newly found evidences proved that plaintiff filed it on a judgment won by fraud?
I am asking this because the plaintiff has in his motion to strike my affirmative defense that I did not prove that the judgment lien is not valid.
(This is the regular woman)
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Answered in 5 hours by:
3/11/2018
Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 126,811
Experience: Attorney At Law handling education matters.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

A motion to vacate under the CT rules for new trials, see: https://www.cga.ct.gov/2015/pub/chap_903.htm would be your option here. You have to convince the court the evidence could not have been discovered during the trial and you need to explicitly explain how it is fraudulent.

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Customer reply replied 5 months ago
Thank you very much and good morning,
I just found out that I can only use Extrinsic fraud to defend and to vacate prior judgment that I cannot use Intrinsic Fraud.
I also found this below that seem like if attorney committed fraud against the Court whether extrinsic or intrinsic it can be used to vacate prior judgment. What do you think and can I use this case laws in my case?2 Raby v. Orr, 358 S.C. 10, 594 S.E.2d 478 (2004) (Intrinsic fraud was misrepresentation about accounting practices), Bowman v. Bowman, 375 S.C. 146, 591 S.E.2d 654 (Ct. App. 2004)(Intrinsic fraud was failure to disclose information about retirement account), Chewning v. Ford Motor Co., 354 S.C. 72, 79 S.E.2d 605 (2003)(Fraud upon the court by an attorney, whether or not intrinsic or extrinsic, can be used to set aside a prior judgment), Chewning v. Ford Motor Co., 345 S.C. 28, 550 S.E.2d 584 (Ct. App. 2001)(Fraud upon the court by an attorney, whether or not intrinsic or extrinsic, can be used to set aside a prior judgment and court declined to follow reasoning of Bankers Trust v. Braten, 317 S.C. 547, 455 S.E. 2d 199 (Ct. App. 1995)), Hagy v. Pruitt, 339 S.C. 425, 529 S.E.2d 714 (2000) (Misrepresentation to obtain consent for adoption is extrinsic fraud but party failed to prove extrinsic fraud here by clear and convincing evidence)
( Regular woman)

Thank you for your reply.

Yes, that is what happened in your case you have to prove they intentionally withheld or concealed evidence from you that prevented you from properly defending your case in court.

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Customer reply replied 5 months ago
Thank you,
So, it is advisable to use those case laws above?
Extrinsic fraud refers to a type of fraud that prevents a person from knowing their rights. This type of fraud rejects a person fair opportunity of presenting a trial. Usually, this type of fraud induces a person not to present a case in a court and also it may deprive a person from his/her opportunity of being heard. Following is an example of a case defining extrinsic fraud: Extrinsic fraud has been defined to be 'actual fraud, such that there is on the part of the person chargeable with it malus animus, the mala mens, putting itself in motion and acting in order to take an undue advantage of some other person for the purpose of actually and knowingly defrauding him. [Continental Nat'l Bank v. Holland Banking Co., 66 F.2d 823, 830 (8th Cir. 1933)]".
Can I use this too and what does "malus animus, the mala mens" mean?
(The regular woman)

Thank you for your reply.

Yes, and you need to also explain clearly how their conduct stopped you from knowing and availing yourself of your rights.

Mala animus, bad actions, and Mala mens, bad intentions.

Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 126,811
Experience: Attorney At Law handling education matters.
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Customer reply replied 5 months ago
Thank you sooooooooo much.
Customer reply replied 5 months ago
I am sorry I need to quickly ask this.
Is It advisable to us the heading
(1) The plaintiff Committed extrinsic fraud upon the defendant
(2) The plaintiff committed Fraud Upon the Court
(3) The plaintiff COMMITED FRAUD TORTS AND IN VIOLATION OF 2005 CONNECTICUT CODE -SEC. 53A-155(A) (1) (2) (B)
and so on.Or I should add 2 and 3 under one title?
(This is the regular woman)

Thank you for your reply.

2 and 3 under one heading and it would be the Plaintiff Committed Extrinsic Fraud upon the Court and Torts in violation of....

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